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Hi,
My employer claims that my H1B application for this year general cap reached USCIS a week before Jun-11. But still got a rejection letter with the reason "sufficient applications received and quota closed" with a notice date of Jun-15. When asked why and why the date is Jun-15 in the reection letter, my employer got different different replies, but no concrete answer.
"We did check our records and found that your petition was sent to USCIS on 2 June 2012. It was received at USCIS on Monday 4 June 2012. We have many such cases which were sent in the month of June first week got returned due to quota closed. USCIS do not provided any reason or explanation to us other than stating as "sufficient applications received and quota closed". Hence, even we are not in position to provide the clear picture why your application returned even though it reached USCIS on 4 June 2012. We assume that during that time quota was fast filling may be by 4 June 2012 itself they should have received lot petitions at their door. The counting and entry process will take sometime at USCIS and by 11 June 2012 they should have realized quota as reached"
"The last week that USCIS received the H-1B's they did some random selection and that is why your case was not accepted. We have already tried sending it back and they have not accepted it"
When I called National Customer Service Center (USCIS) if there could be an application that was received on 6/4 to USCIS can be returned before the quota was over on 6/11 as USCIS news article says, they can't give the generic answer but need the application details. That is they wanted the letter that was returned with the application by USCIS and the I-129S form details to investigate the reason. I couldn't get the I-129S from my employer and confused whether USCIS does any random selection a the end. Please advise if there are possibility of claim with USCIS, do I need an Attorney represent my case to get details from my employer and USCIS?
My employer claims that my H1B application for this year general cap reached USCIS a week before Jun-11. But still got a rejection letter with the reason "sufficient applications received and quota closed" with a notice date of Jun-15. When asked why and why the date is Jun-15 in the reection letter, my employer got different different replies, but no concrete answer.
"We did check our records and found that your petition was sent to USCIS on 2 June 2012. It was received at USCIS on Monday 4 June 2012. We have many such cases which were sent in the month of June first week got returned due to quota closed. USCIS do not provided any reason or explanation to us other than stating as "sufficient applications received and quota closed". Hence, even we are not in position to provide the clear picture why your application returned even though it reached USCIS on 4 June 2012. We assume that during that time quota was fast filling may be by 4 June 2012 itself they should have received lot petitions at their door. The counting and entry process will take sometime at USCIS and by 11 June 2012 they should have realized quota as reached"
"The last week that USCIS received the H-1B's they did some random selection and that is why your case was not accepted. We have already tried sending it back and they have not accepted it"
When I called National Customer Service Center (USCIS) if there could be an application that was received on 6/4 to USCIS can be returned before the quota was over on 6/11 as USCIS news article says, they can't give the generic answer but need the application details. That is they wanted the letter that was returned with the application by USCIS and the I-129S form details to investigate the reason. I couldn't get the I-129S from my employer and confused whether USCIS does any random selection a the end. Please advise if there are possibility of claim with USCIS, do I need an Attorney represent my case to get details from my employer and USCIS?
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